Board of Levee Commissioners v. Nelms

Mississippi Supreme Court
Board of Levee Commissioners v. Nelms, 82 Miss. 416 (Miss. 1903)
Calhoon

Board of Levee Commissioners v. Nelms

Opinion of the Court

Calhoon, I.,

delivered the opinion, of the court.

The cases of Board v. Dillard, 76 Miss., 641, 25 South., 292, and Board v. Hendricks, 77 Miss., 483, 27 South., 526, do not conflict. They are easily distinguishable. The former supports the court below in its rulings on the objection to testimony.

It is competent for a witness familiar with the particular land to say what crops it has been producing, its location, distance from a railroad or other means of transportation, the character of its soil, and from all this knowledge to give his opinion of its value. No showing of any expert training is required. 10 Am. & Eng. Enc. Law, 1157; 2 Lewis, Em. Dom., sees. 437, 435, 478, 443.

The introduction of deeds to show value, by their recitals of consideration paid for neighborhood" land, is obviously incompetent. 2 Lewis, Em. Dom., sec. 443.

In weakening opinion values, it is competent to show by witnesses the fact of sales of neighboring land of like quality, and the actual purchase price. If no sales had been made, opinion of real value is none the less admissible. It would be curious if one’s land should be held without value because there had been no sales of land in'his vicinity. 2 Lewis, Em. Dom., end of see. 478.

There was no error in the action on instructions under the act (Laws 1897, ch.. 19, p. 22, et seq.). The jury necessarily had to find for plaintiffs, because the appraisers had awarded them damages, from which they, and not the board, had appealed to the circuit court; and the verdict had to be itemized, under section 9 of the statute; and the statute, not the jury, directs the fixing of costs.

The claim for deduction of $27.27 allowed for the one year’s lease by the appraisers, and not appealed from by either side, is not sound. In the record this allowance of $27.27 to the tenant for the year, who was in under a tenant for life who had *421died, appears to be “for tbe value of the leasehold”— the one year, then half gone — and then follows the allowance to appellees here of values and damages “as owners of the fee in remainder,” and the contest was over that in the circuit court.

Affirmed.

Reference

Full Case Name
Board of Levee Commissioners for Yazoo and Mississippi Delta v. Presley Nelmss.
Cited By
11 cases
Status
Published
Syllabus
1. Eminent Domain. Value of land. Evidence. Opimion of non-expert. In an eminent domain proceeding, it is competent for a witness, familiar with tbe land sought to be taken, to testify about crops which had been produced on it, its location, distance from transportation facilities, and the character of th'e soil, and therefrom to give his opinion of its value, although he is not an expert. 2. Same. Deeds: Becitals of value of neighboring land. Deeds to neighboring lands are not admissible in evidence in condemnation proceedings, although-by their recitals they show the considerations paid for the lands conveyed by them. 3. Same. Sales of neighboring lemds. Sales of neighboring lands of like quality as that sought to. be condemned, and prices actually paid, may be proved in condemnation proceedings, in order to weaken opinions of value. 4. Same. Opinions of land values. No sales. Opinion evidence of the value of the lands sought to be taken is admissible in condemnation proceedings, although no , sales of neighboring lands have been made. 5. Same. Laws 1887, chapter 19, p. 22. Under laws 1897, Laws, chap. 19, pp. 22-29, regulating 'eminent domain proceedings by the Board of Levee Commissioners, for the Yazoo & Mississippi Delta: (а) The jury must find for the land owner where tble appraisers have awarded him damages, and he has appealed to the circuit court. (б) A verdict for the land owner must, under section 9 of the.act, be itemized. (c) The sum awarded a tenant for his leasehold is not to. be deducted from the sum awarded to the owner of the fee.